No. 20-5663

Anthony Thomas Buonaiuto, III v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2020-09-11
Status: Denied
Type: IFP
IFP
Tags: constitutional-law criminal-procedure due-process ex-post-facto jurisdictional-exception post-conviction-relief retroactive-applicability retroactivity sexual-offender-registration state-collateral-review substantive-rules
Latest Conference: 2020-11-13
Question Presented (from Petition)

Whether, Federal Law Renders the Supreme Court of Pennsylvania in Legal Error, where the Supreme Court of Pennsylvania Committed Legal Error by failing to grant review to adjudge the Substantive Nature and Retroactive Applicability of it's holding in Commonwealth vs. Muniz; 164 A.3d 1189 Pa. 2017 —(Cert Denied Pennsylvania vs. Muniz; 925 S.Ct (2018), for the purposes of adopting the language set forth by the Supreme Court of the United States in Montgomery vs. Louisiana; 136 S.Ct 718; 193 L. Ed. 2d 599 (2016), regarding Substantive Rules of Constitutional Law and the Retroactive Effect they have in a Criminal Proceeding, to allow the Petitioner 's Untimely P.C.R.A succeed as a Timely Petition pursuant to the Jurisdictional Timeliness Exceptions to the Pennsylvania Post- Conviction Relief Act Time-Bar Exception set forth at 42.Pa.Cs.9545(B)(l)(iii) & (2)?

Question Presented (AI Summary)

Whether federal law renders the Supreme Court of Pennsylvania in legal error, where the Supreme Court of Pennsylvania committed legal error by failing to grant review to adjudge the substantive nature and retroactive applicability of its holding in Commonwealth vs. Muniz

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Anthony T. Buonaiuto, III
Anthony Thomas Buonaiuto III — Petitioner